Terms and Conditions
Last updated on 5th August, 2019
This document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules thereunder and the amended provisions relating to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms do not require any physical, electronic, or digital signature.
- ‘Confirmed date(s)’ refers to the date(s) on which the photoshoot is scheduled to take place;
- ‘Content’- The Service contains inter alia text, images, photos, audio, video, location data and all other forms of data or information about third party partners, brands, businesses, locations, events or offers etc. (“Content”);
- ‘Parties’- “You” and “Your” refer to a User of the Services offered by Veu. “We”, “Us”, “Our” refer to Veu, i.e. the Service. A User can be classified into two categories:
A. A person who does not subscribe to the Service, i.e. an Unregistered User; and
B. A person who subscribes to the Service, i.e. A person who creates a User Account with Veu. Two categories of potential Users may create an Account with Us -
B1. A User who seeks the services of a Photographer (hereinafter referred to as “Customer”);
B2. A Photographer (hereinafter referred to as “Photographer”).
Use of the expression “User” shall include both categories of Users, and reference to a Category / Sub - category of User, whether registered or unregistered shall be made specifically;
- ‘Shoot Images’ refer to the images captured/clicked by the Photographer during a shoot session;
- ‘Shoot Request’ refers to the request lodged/posted by a User/Customer (consisting of the User/Customer’s requirements), seeking the services of a particular Photographer;
1. ACCEPTANCE OF THE TERMS
2. MODIFICATIONS OF THE TERMS
We reserve the right to modify the Terms at any time. You understand and agree that your access to, or use of the Service is governed by the Terms as applicable at the time of your access to or use of the Service. If we modify the Terms, the modified Terms will be posted on our Website and will assume operation upon such posting. We shall endeavor to post the modified Terms on our Website, within a reasonable time period from the date of said modification. Additionally, Our Website shall periodically mention the date on which these Terms were last revised. You understand and agree that your continued access to or use of the Service after the effective date of any modification(s) indicates your acceptance of the modified Terms. You should, therefore, regularly examine the Terms, as amended versions of the Terms will be binding on you. If we make changes to the Terms and You continue to use the Service thereafter, you shall be deemed to have agreed to be bound by the modified Terms.
3. ELIGIBILITY TO USE THE SERVICE
- The Service is exclusively accessible to persons present within the geographical boundaries of the Republic of India. The use of our service is not confined to Indian Nationals only. Your use of the Service shall strictly be in accordance with the laws of the Republic of India, for the time being in force and as amended from time to time. Further, Your use of the Service shall not contravene the present Terms and any infringement of the Terms is liable to result in immediate termination of your association with Us, coupled with remedies available to us under the law;
- To access or use the Service or to transact / undertake any action using the Service, you must be 18 years of age or older and competent to contract as per Indian law;
- The right to use the Service is personal to you and is not transferable to any other person. You, by subscribing to our Service are deemed to have read and understood the Terms and therefore, You shall be held responsible for any unauthorized assignment or transfer of the right to use our Service;
- You may use or access the Service solely for your own personal, non-commercial purposes (unless we agree to register you as a third- party partner subject to the Terms), and not for the use or benefit of any third party. You may not use the Service or any part thereof except as expressly permitted by the Terms, unless we permit you (in writing) to do so;
- We reserve the right to interrupt, suspend or discontinue the Service or any part thereof at any time without notice to You. We may also modify, update or change the Service or any part thereof at any time, without notice to You;
- We reserve the right to prevent You from using the Service or any part thereof at any time for any or no reason.
5. CUSTOMER AND PHOTOGRAPHER'S PROFILE
5.1 Circumstances under which a Photographer profile will not be visible on the search results page
5.1.1 If the Photographer has deactivated their Account;
5.1.2 If the Photographer has been banned from the platform due to certain malpractices or actions of the photographer that are not in consonance with our Terms.
6. CREATION OF A SHOOT REQUEST
As mentioned above, a Customer can commence a Shoot request from the profile of Photographer, after a package is picked. Upon selection of a package, the Customer is directed to a form, which must be furnished with additional details relating to the shoot. The Customer confirms the number of people that will be present for the shoot. In order to continue initiating a request, the User is expected to create an Account and have certain information ready (profile picture, mobile number etc.). If a Customer has created an Account, but omitted to submit the aforementioned information, the Customer will be asked to enter the credentials, on the happening of which our payment processes kick in.
7. RESPONSE TO A SHOOT REQUEST
Once a shoot request is generated, the concerned Photographer is notified via Email and on the Dashboard. The Photographer can access the details of the shoot from the Dashboard ONLY. After examining the details of the shoot, the Photographer has the option to ACCEPT or DECLINE the shoot request. The Photographer must respond to a shoot request within 24 hours. The 24- hour period commences from the time the Photographer is notified on the Dashboard or by e- mail, whichever is earlier. It is made clear We are in no manner involved with or influence the decision of a Photographer. The Photographer is at liberty to accept or decline a shoot request. Therefore, a Customer cannot hold us responsible for the rejection of a shoot request.
7.1 When a Photographer accepts a shoot request -
The Customer is notified on the Dashboard and by Email, confirming the shoot;
7.2 When a Photographer declines the shoot request -
The shoot request is dismissed, following which the Customer is notified on the Dashboard and by Email. The amount blocked by us (elaborated upon in Clause - 8 hereinbelow) is refunded to the Customer within 3 - 4 business days. This refund assumes the form of “credits”, which are redeemable on the next shoot a Customer may intend to request. Alternatively, a Customer can choose to ask for a refund in the form of a Bank Transfer / Instamojo refund / PayPal refund, by raising a Support request. The mode of payment adopted by the Customer shall be the mode of payment used by Us to effect the refund. For instance, if the Customer uses Instamojo to make the payment, we shall use Instamojo to effect the refund;
7.3 When a Photographer fails to respond to a shoot request within 24 hours -
The shoot request is dismissed without delay. The Customer and Photographer are notified forthwith of the dismissal on the Dashboard. The amount blocked by us (elaborated upon in Clause-8 hereinbelow) is refunded to the Customer within 3 - 4 business days. This refund assumes the form of “credits”, which are redeemable on the next shoot a Customer may intend to request. Alternatively, a Customer can choose to ask for a refund in the form of an Instamojo refund / PayPal refund, by raising a Support request. The mode of payment adopted by the Customer shall be the mode of payment used by Us to effect the refund. For instance, if the Customer uses Instamojo to make the payment, we shall use Instamojo to effect the refund;
9. CONFIRMED SHOOT
Keeping in mind the processes contained in Clauses-6, 7 & 8 above, if the Photographer accepts the request, the “shoot request” culminates into a “Confirmed date”. The shoot is shown as a “card” on the Dashboard for the User and Photographer’s reference. The “Confirmed date” stage has 4 milestones, at the end of the Customer and Photographer respectively, which is exhibited in the form of a progress bar. Upon the completion of each milestone, the progress bar reflects the corresponding accomplishment.
In the eventuality a Customer or Photographer cancels the shoot, after the shoot request transforms into a “Confirmed date”, as explained above, the following consequences will flow:
10.1 If the Customer cancels the shoot 24 hours prior to the shoot time so fixed -
The Customer will receive a full refund in the form of “credits”, which are redeemable at the time of booking of another shoot. Alternatively, the Customer may opt to request for a refund, by raising a support request;
10.2 If the Photographer cancels the shoot 24 hours prior to the shoot time so fixed -
The Customer will receive a full refund in the form of “credits”, which are redeemable at the time of booking of another shoot. Alternatively, the Customer may opt to request for a refund, by raising a support request. Additionally, the Photographer shall receive 1 warning from Us;
10.3 If the Customer cancels the shoot within 24 hours of the shoot time so fixed -
The Customer is not entitled to receive a refund, partial or full. The entire shoot fee is paid to the Photographer;
10.4 If the Photographer cancels within 24 hours of the shoot time so fixed -
The Customer will receive a full refund in the form of “credits”, which are redeemable at the time of booking another shoot. Alternatively, the Customer may opt to request for a refund, by raising a support request. Further, the Photographer is obligated to shell out 30% of the shoot amount as “cancellation fee”. Furthermore, the Photographer shall receive 1 warning from Us.
Even though it is not mandatory for a Customer and Photographer to render an explanation for cancelling a shoot, however, the “Warning” mechanism has been devised with a view to deter Photographers from frequently cancelling confirmed shoots. If a Photographer receives a total of 3 warnings within a period of 6 months, he/she shall be banned from the platform for 15 days. The 6 month period shall be reckoned from the date on which a Photographer accepts his/her first shoot request. The Account of the erring Photographer shall be deactivated temporarily. Consequently, their profile will not be visible in the search results nor will they be entitled to receive fresh shoot requests during the period of deactivation, i.e. 15 days.
A penalty may be imposed on a Photographer if his/her conduct is contrary to our terms, ethos, values and services. This clause shall be invoked if delinquent and unacceptable practises, occur on the “Shoot Day” and “Images” milestone. This clause should not be construed to mean that we exercise control over the behaviour/conduct of a Customer or Photographer. This system has been conceived as a means of ensuring that unforeseen instances shall be addressed satisfactorily and expeditiously. In addition to the option of raising a complaint with us, the Customer is at liberty to take independent legal recourse. All penalties levied/leviable under this clause are payable to Us. A Photographer is liable to face the succeeding repercussions if his/her actions fall foul of our terms:
12.1 If the Photographer fails to present himself/herself on the shoot day at the Location -
The Customer will receive a full refund in the form of “credits”, which are redeemable at the time of booking another shoot. Alternatively, the Customer may opt to request for a refund, by raising a support request. The Customer can register a complaint from our support page on the Dashboard. Once a complaint is raised by the Customer, this clause- 12 shall come into effect. The Photographer is liable to part with 50% of the shoot amount as penalty. Further, the Photographer shall receive 1 warning from us;
12.2 If the Photographer misbehaves with the Customer on the day of the shoot at the location -
Action against the Photographer shall be initiated on receiving a complaint from the Customer. The Complaint/grievance can be raised from the support page on the Dashboard by the Customer. Appropriate action will be taken against the Photographer depending on the gravity of the misbehaviour/misconduct. In addition to the option of raising a complaint with us, the Customer is at liberty to take independent legal recourse. Each Customer and Photographer understands the fact that we do not offer any medical coverage for bodily harm or injury that may result from providing the Photography services. We will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accomodations;
12.3 If the Photographer fails to send the images within the delivery time stipulated in the selected package -
The Photographer will be warned to send the images within an extended period of 12 hours (“grace period”). The grace period is to be reckoned from the receipt of the aforementioned warning. Further, the Photographer shall receive 1 warning from us;
12.4 If the Photographer fails to send the images after the expiry of the grace period referred above -
The Photographer is liable to part with 50% of the shoot amount as penalty. Further, the Photographer shall receive 1 warning from us. The shoot continues to remain alive on the Dashboard of the Customer and Photographer. The Photographer is still obligated to send the images to the Customer. Beyond the grace period, upto a maximum period of 30 days (grace period and original period as mentioned in the selected package included), the Photographer is obligated to upload the images on the Dashboard, provided the Customer has not raised a request to cancel the shoot. If the Photographer fails to upload the shoot images, within the aggregate period of 30 days as referred above, the following consequences shall flow -
12.4.1 100% of the shoot amount shall be imposed as a penalty on the Photographer. The Photographer will be informed of this levy and he/she shall transmit the amount to Us within a period of 7 days from the date of intimation;
12.4.2 The Photographer shall receive 1 warning from Us;
12.4.3 The Photographer will not acquire and surrenders any intellectual property/proprietary/equitable/Common law/ownership rights over the shoot images, as contemplated in Clause- 18 below and therefore, will be liable to immediately return the original shoot images, in whatever form and manner (digital negatives, camera RAW files, other original data files pertaining to the shoot photos etc.), to Us or the Customer, on a request being made for the same. Till such time a request is made by Us or the Customer, the Photographer will not - (a) misuse/misappropriate the shoot images; (b) transfer the shoot images to a third- party; (c) make copies of the shoot images or allow/permit others to make copies of the shoot images; (d) upload the shoot images on a website other than ours or allow/permit others to do so; (e) display the shoot images in a manner so as to frustrate the purpose of this sub- clause; (f) allow/permit third parties access to the shoot images.
The Customer manages all the shoots and his/her profile from the Dashboard (“Customer Dashboard). Similarly, the Photographer manages all the shoots and his/her profile from the Dashboard (“Photographer Dashboard”). The Dashboard gives the Customer and Photographer access to the various details associated with the shoot, a few of the details are mentioned below:
- An overview of the milestones reached at each shoot session;
- Confirmation of shoot requests;
- Messages to/from the Photographers;
- Rating for the Photographer.
Payouts for the shoots undertaken are made to the photographer in a 15-day cycle. The money earned by the Photographer from a specific shoot is credited to them only after the shoot is complete i.e. once the final images are sent to the Customer. The Photographer can check the details of the transactions from the ‘Earnings’ section in the Dashboard. If the Photographer experiences any issues in payout, he/she can choose to raise a support query from the support section. If the Photographer faces penalties for any shoot, the payout amount for that particular week is calculated accordingly and then transferred to the Photographer. The Photographer can check the details of the same from the ‘Earnings’ section in the Dashboard. Payouts happen in a 15-day cycle. The total amount of earnings calculated for every 15 days is transferred to the photographer.
We encourage our Customers and Photographers to invite interested persons/their friends to join the Service. Any Customer or Photographer can send invites to at most 5 people. This feature can be accessed from “Account settings”.
Our Blog section is handled by a dedicated team of marketing and sales professional and is actively updated with interesting articles related to us and Photography in general. Any Customer or Photographer, irrespective of them being signed up can choose to share these articles on their social media channels. They can also choose to subscribe to our Newsletters. The newsletters will be used as a promotional tool, which will announce new features, articles, events, or any other developments taking place at our end.
17. TAXES AND COMMISSIONS
The package amounts visible to the Customer on the Photographer’s profiles, while creating a shoot request are subject to taxes as applicable by law. We use Instamojo as a payment gateway for the Customers to initiate payments towards a shoot. We charge an additional 5% commission on the shoot amount for every shoot and 18% GST on the sum of shoot amount and commission. The 5% commission is inclusive of transaction fees borne by us at the time of payment. For instance, if the Customer selects a package that costs INR 10,000, the Customer is liable to pay an additional fee of INR 500 as our commission and INR. 1890 towards Goods and Services Tax (GST) liability. Thus, the Customer ultimately pays INR 12,390 for a shoot that costs INR 10,000.
18. OWNERSHIP OF IMAGES
Upon delivery of the shoot images to the Customer and conclusion of the transaction finally, i.e. payment being forwarded to the Photographer, the Customer and Photographer shall acquire joint ownership of the shoot images. Our use of the shoot images is limited to promoting Veu and its products. If we desire to use the shoot images for promotional purposes, the Customer shall be duly informed via Email. Intellectual Property/Ownership/Proprietary/Equitable/Common Law rights of the images stay with the Customer and Photographer. A Photographer may use a particular set of shoot images to promote himself/herself or highlight his/her skills through the Service. The Photographer covenants that he/she shall not use the shoot images in a manner contrary to the laws of the Republic of India, for the time being in force and as amended from time to time. If we receive information that the shoot images have been misused/misapplied in violation of these Terms or the laws of the Republic of India, for the time being in force and as amended from time to time, we reserve the right to initiate appropriate legal action against the concerned Photographer. In addition to us initiating appropriate legal action against an errant Photographer, the Customer is at liberty to take independent legal recourse.
19. USER SUBMISSIONS
19.1 You own all content and information that you submit, post, transmit, through or in connection with the Service. Your submissions include any information, messages, feedback/reviews, photos that you post or submit as well as any information you display in your public profile, including your username and profile picture;
19.2 By submitting, posting or transmitting your information to, through or in connection with the Service, you confirm that:
19.2.1 You understand and agree that your participation will be associated with your public profile on the Service;
19.2.2 That your participation on the Service will not violate any laws of the Republic of India, for the time being in force, as amended from time to time, or the rights of any third party;
19.2.3 You are solely responsible for the information that you supply and we shall not be liable for the information that you offer. The Service permits You to transmit and publish your work, and allows you to access information made available on or through the Service by other users of the Service. We are not obliged to control, select, screen, supervise or modify your work, made by other users on or through the Service, and therefore, shall not be responsible or liable for your work made by other users on or through the Service;
19.2.4 Any interaction that You may have with another User, by virtue of You using the Service, is exclusive to You and the concerned User. We shall not be responsible for the exchanges that take place between You and a User. We are not responsible for the actions of other Users, unless, such acts are contrary to these Terms;
19.2.5 We have no control over the accuracy, reliability or completeness of the information that you render and therefore make no representations or warranties in this respect;
19.2.6 The display of profile on the Service does not imply that we endorse or promote your views or opinions;
19.2.7 By accepting these Terms, you (if you are a Customer and Photographer) automatically grant to Veutopia Pvt. Ltd., a limited right to use and analyze your shoot images for the promotion/advertising of Veu and its products, without any further consent and/or compensation to you. As intellectual property/ownership rights have been bestowed upon You, as enunciated in Clause- 18 above, You represent and warrant that you have all rights to grant such permission to us without violation of any law or any of the rights of any third party.
20. USER CONDUCT
In consideration of the authentication/permission granted to You to access and/or use the Service, You hereby agree that you shall:
- Maintain a professional and productive relationship with other Users of the Service;
- In the course of accessing/using the Service, you will observe and comply with all instructions, directions and policies as specified by Us from time to time;
- Be solely responsible for your interactions on or through the Service. We reserve the right, but, do not have the obligation, to monitor your interactions through the Service and may prohibit or otherwise limit your use of the Service, if we determine (in our sole discretion) that Your conduct is unbecoming or that you are in violation of any of these Terms;
- Be solely responsible for fulfilling the terms of any offer that you make through the Service and to resolve/settle any conflict between Yourself and any third- party user of the Service relating to any transaction between the two of you, initiated by or through the Service;
- Fulfill all your obligations as contemplated under any additional terms and conditions, purchase orders or other agreements that you may accept/enter into with Us for specific transactions as the case may be;
- Not violate the intellectual property rights or privacy of any third party;
- Access and use the Service only in compliance with these Terms, applicable laws, bye- laws rules, regulations etc., for the time being in force;
- Report to us if You become aware of any disorderly, indecent, harassing or unprofessional behavior/conduct by any User of the Service;
- Not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party’s rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
- Not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
- Not use the Service to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
- Update your account details regularly and provide current, complete and accurate information;
- Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Not collect, store or use personal information or data about other Users of the Service other than in connection with your permitted use of the Service;
- Obtain all permits which are necessary for posting, uploading or transmitting any of your Content on or through the Service and agree to defend, indemnify and keep us harmless from any and all loss or damage that we may suffer as a result of, or in connection with, any of your submissions or project deliverables;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials published on or through the Service;
- Be solely responsible for all information retrieved, stored and/or transmitted through the Service;
- Not access or use the Service for any other purpose other than as expressly permitted, including engaging or providing services of the same or similar nature, for yourself or for the benefit of any third party;
- Be solely responsible for protecting the information on your device, including but not limited to, installation of appropriate anti-virus software etc.;
- Assume all risks associated with dealing with other Users of the Service (including third party partners) with whom you may establish contact through the Service. We shall not be responsible or liable for any transactions, interactions, conduct or communications between you and our other Users, on or through the Service or otherwise.
- Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Not use the Service in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any data, information or content-
A. In violation of any applicable law or regulation; and
B. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; and
C. Harm minors in any way; and
D. Deceives or misleads other users about the origin of such information or communicates any information which is grossly offensive or menacing in nature; and
E. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service; and
F. Threatens the unity, integrity, defense, security or sovereignty of the Republic of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other Nation; and
G. To gain unauthorized access or exceeds the scope of authorized access to the Service solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; and
H. Interferes with another user's use and enjoyment of the Service.
- Not use any other automatic device, program, algorithm or methodology, or any or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, to obtain or attempt to obtain any materials, data or information through any means;
- Not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our systems and infrastructure or otherwise make excessive traffic demands of the Service;
- Not attempt to decipher, decompile, disassemble or reverse engineer any of the software, scripts, source code, algorithms, underlying ideas etc. comprising or in any way making up a part of the Service;
- Not access (or attempt to access) the Service by any means other than the interface that is provided by Us, unless you have been specifically allowed to do so, by way of a separate agreement with Us;
- Not access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers) unless you have been specifically allowed to do so;
- Not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service);
- Not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited;
- Not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by Veu from accessing the Service (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
22. THIRD PARTY LINKS
- The Service includes hyperlinks to third party websites/applications, which are not within our control;
- If You click on one of these links, You do so at your own risk and You will leave the realm of Our Service and will be accessing the third party’s site/application. We do not verify, monitor or endorse these third- party websites/applications or the products/services that are available therein, advertised or sold through these third- party websites/applications and do not accept any responsibility or liability for the authenticity, reliability, accuracy of the information therein or any loss or damage that you may incur by your visit, transactions or activities on these third- party websites/applications.
- You agree that you shall solely bear all consequences associated with Your access to and use of such third - party websites / applications. Such third - party websites/applications may have separate terms and conditions and privacy policies, which are independent of these Terms and therefore, please read such third- party terms before you access any such third - party websites/applications.
23. WARRANTY DISCLAIMERS
- We expressly disclaim all warranties of any kind, whether express of implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance, non- infringement, data accuracy and completeness;
- We make no warranty that the Service will meet your requirements or that the service will be uninterrupted, timely, secure or error free or free of malware/viruses/bugs or other harmful mechanisms.
- The Service is provided on an “As Is” and “As Available” basis.
24. LIMITATION OF LIABILITY
In no event will we be liable to You or to any Third- Party or to any funding brands for any indirect, special, incidental, consequential, exemplary, or punitive damages, lost profits, revenue, data or anticipated savings, product liability, consumer protection or intellectual property claims, business interruption, whatever and however caused, whether arising under statute, contract, tort (including negligence) or otherwise, and whether or not we have been advised of the possibility of the same arising.
- You agree to defend, indemnify and hold us and our directors, officers, employees, agents and representatives, harmless from all losses, claims, suits, damages, costs and expenses (including but not limited to reasonable attorney fees) suffered by any of them as a result of any breach of these Terms by You, including but not limited to, the submission of any data, content, project deliverables or material that violates any third- party right or any applicable law and Your access to and use of the Service and Your violation of any rights of any third party;
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims;
- You agree not to settle any matter in which we are named as a Defendant and/or for which you have indemnity obligations, without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms shall be binding with immediate effect from the time You accept these Terms or access or use the Service or any part thereof or register with us, whichever is earlier and shall continue to be binding for as long as you access or use the Service or any part thereof.
26.1 TERMINATION BY USER
- You may terminate Your registration with us at any time by deleting the application from your device and not using it for a continuous period of thirty (30) days.
26.2 TERMINATION BY US
- We may terminate your registration with immediate effect without any notice, in the event of violation of the Terms by You.
26.3 CONSEQUENCES OF TERMINATION
- Upon termination of Your registration with us, Your right to access and/or use the Service immediately ceases;
- Additional Terms and Conditions may apply to termination of these Terms by third party partners who register with us.
27. GOVERNING LAW AND JURISDICTION
- These Terms, their validity, interpretation and enforcement shall, in all respects, be governed by and construed in all respects in accordance with the laws of the Republic of India, for the time being in force, and as amended from time to time;
- You agree that any dispute between us arising out of or in connection with these Terms (including any question regarding its validity or termination) shall be submitted to the exclusive jurisdiction of the competent courts located in New Delhi, India to the exclusion of any other Court that may otherwise have had such jurisdiction in the matter.
- Notice: Notices to us shall be made via e-mail to email@example.com or by mail to D- 402, Maurya Apartments, I.P. Extension, Patparganj, New Delhi- 110092. All notices to you shall be made via the Service/Email to the Email address you provide to us. It is your responsibility to intimate us of any change in your Email address or other contact information. You hereby consent to receive communications via your Email address and other contact details;
- Assignment: The usage granted to You by these Terms is personal to You and You shall not assign or transfer any of Your rights or obligations without our prior written consent;
- Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach;
- Severability: If any of these Terms are held to be invalid, illegal or otherwise unenforceable by a Court of Law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision allowed by law, and if no feasible interpretation/modification will save such provision, it shall be severed from these Terms and the remaining provisions will remain in full force and effect;
- Communication: When you use the Service and provide any information on or through the Service or when you click any of the buttons made available through the Service or when you send an Email or other electronic communication to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated when you click on any of the buttons available through the Service, shall be deemed to be communications sent in writing by You;
- Grievance Officer: If you have any concern, complaint or grievance with respect to any content/information/data on the Service, please contact us through email on firstname.lastname@example.org and we will study the matter and take such action as we deem appropriate under the circumstances.
- Injunctive Relief: You acknowledge that the breach of these Terms shall result in grave and irreparable loss and injury to us, for which monetary damages alone will not be adequate. Therefore, in addition to the right to seek appropriate monetary damages in accordance with law, we shall be entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit the continuing breach of these Terms.
- Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act, 1957, and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Us at email@example.com (Subject line: “Copyright Infringement: Takedown Request”). You may also contact us by mail or facsimile at: D - 402, Maurya Apartments, I.P. Extension, Patparganj, New Delhi- 110092, India. It is made clear that the recourse prescribed in this section is available to third parties, who believe that their copyrighted work/material has been unauthorisedly placed on our website. However, for Us to effectively and expeditiously act on your representation, it is imperative that you include the following details in your “takedown request”-
- A statement by You that you are the Owner of the Copyrighted material. If you are not the Owner, a statement by You that you are the authorized representative/agent of the Owner. A duly certified copy of the authorization, in your favour, must be attached with the notice;
- A description of the copyrighted material/work;
- A statemented by You indicating the location of the previously copyrighted material/work on our website;
- Your address, Email address, Telephone / Mobile number;
- If you are the Owner, proof of Copyright protection must be furnished.
If a Photographer contends that the alleged copyrighted material/work does not belong to another or that permission has been received from the owner/representative of the owner, or that the material/work does not infringe another’s copyright, a Counter notice may be sent to firstname.lastname@example.org, with the subject line, “Counter Notice to Copyright Complaint”. We shall look into the matter and arrive at a decision speedily.